22 Jan 2003
The AMA Guides (4th ed.) Injury Model (DRE) is mandatory under Clause 60(4); the appellant’s cervicothoracic condition fits DRE Category II which prescribes a 5% whole-person impairment. The Guides do not permit assigning an intermediate percentage within that Category, therefore the assessed WPI is 5% and below the statutory 10% threshold for an independence allowance; appeal dismissed.
21 Jul 2000
The Review Officer correctly applied the statutory scheme and the AMA Guides in assessing 5% whole body impairment which is below the 10% threshold for an Independence Allowance; there was no basis for the Court to overturn that assessment, so the appeal is dismissed.
5 Jul 2000
The assessor's AMA Guides-based Whole Person Impairment rating of 8% is accepted as uncontradicted medical evidence and, being below the statutory 10% threshold required by the Accident Insurance Act 1998, the appellant is not entitled to an Independence Allowance; appeal dismissed.
3 Mar 1999
Because the 1997 Regulations require an AMA Guides whole person impairment assessment and the appointed assessor's 5% finding was confirmed by a psychiatric report, the impairment was below the 10% statutory threshold and the appellant was not entitled to an independence allowance; the Court cannot substitute its view for the binding medical assessment.
12 Sept 1996
The prescribed questionnaire and arithmetic scoring under the Independence Allowance Assessment Regulations 1993 were correctly applied, the appellant's answers were properly recorded, no clerical or arithmetic error was shown, and therefore the reassessment reducing the disability score to 6.7 (below the 10% threshold) was lawfully made; the appeal is dismissed.